Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Time of sale of residence for purposes of exemption of proceeds. Under applicable Minnesota law, a sale of the debtor’s residential real property occurred at execution of the contract for deed, triggering the state’s one-year limit on exemption of sale proceeds. The debtor had moved from Minnesota to Wisconsin a year before filing Chapter 7, making Minnesota’s homestead applicable. The debtor had entered into a land contract, or contract for deed, with the buyer acquiring equitable title, when the contract was executed and the seller . . .
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